Res 2025-37 Variance Fence Height 1341 Cherry Hill RoadCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-37
RESOLUTION APPROVING A VARIANCE
TO ALLOW FOR THE CONSTRUCTION OF A FENCE EXCEEDING 64T IN
HEIGHT FOR THE PROPERTY LOCATED AT 1341 CHERRY HILL ROAD
PLANNING CASE 2025-07
WHEREAS, Daniel Michel (the Applicant and Owner) applied for a Variance to allow the
construction of a fence 9-ft in height, as proposed under Planning Case No. 2025-07, and as legally
described in attached Exhibit A (the "Subject Property"); and
WHEREAS, the subject property is guided Low Density Residential in the 2040
Comprehensive Plan, situated in the R-1 Low Density Residential District; and
WHEREAS, the Applicant is seeking approval of a Variance request to allow a fence to
be constructed at 9-ft in height along the north side yard property line, as opposed to the maximum
6-ft permitted in the R-1 Zoning District, as proposed and presented under Planning Case No.
2025-07:and
WHEREAS, Title 12-SB-7 of the City Code (Variances) allows for the Council to grant
variances or certain modifications from the strict application of the provisions of the City Code,
and impose conditions and safeguards with variances if so needed or granted; and
WHEREAS, on June 24, 2025, the Mendota Heights Planning Commission held a public
hearing on the proposed Variance, and whereupon closing the hearing, recommended unanimously
(6-0 vote) to approve the application for Variances on the subject property, with certain conditions
and findings -of -fact to support said approval.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
recommendation from the Planning Commission on Planning Case No. 2025-07 is hereby
affirmed, and the Variance requested for the property located at 1341 Cherry Hill Road is approved
based on the following findings -of -fact:.
Under Title 12-5B-7 of the City Code, the Council may only grant variances from the
strict application of the provisions of the Code in cases where there are "practical
difficulties" in carrying out the strict letter of the regulations of the Code. "Practical
difficulties" consists of a three-part test: (i) the Applicant proposes to use the property in
a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant
is due to circumstances unique to the property not created by the Applicant; and (iii) the
variance, if granted, will not alter the essential character of the neighborhood. Economic
considerations alone do not constitute "practical difficulties."
Res. No 2024-41 Page � I
2. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in
order to justify the granting of a Variance to allow a residential fence height increase
from 6-ft. to 9-ft. along the northern side lot line, by the following:
a. The proposed
increased fence
height is
a reasonable request
on the
subject
property, due
to the elevation
change in
the northeast corner
of the
property;
b. Dakota County has recently removed a boulevard tree which acted as additional
screening for the property, and thus created a unique situation for the homeowner
to keep and maintain a certain level of privacy and screening measures from the
abutting county roadway and trail system;
c. The applicant's request to expand the 9-ft fence from the rear property line to the
north side property line would have a lesser impact on the established trees on the
subject property than any additional installation of evergreen plantings for
screening;
d. Due to the grade differences between the existing 9-ft fence location on the east
property line, and the northwest side yard of the subject property, approving the
Variance for an increased fence height does not change the essential character of
the neighborhood, as the residential properties adjacent to the subject site will see
a taper in fence height as the grade levels to the west.
e. The reason for the Variance request is to permit a reasonable request to extend the
privacy fence higher than the 6-11. height standard in order to retain privacy and
screening from the county roadway and northeast corner of the subject property,
and for this reason the request is not solely based on economic considerations.
3. The City has considered the factors required by Title 12-SB-7 of the City Code, including
but not limited to the effect of the Variance upon the health, safety, and welfare of the
community, existing and anticipated traffic conditions, the effect of the Variance on the
danger of fire and the risk to public safety, and upon the value of properties in the
surrounding area, and upon the Comprehensive Plan, and has determined this Variance
will not affect or pose any negative impacts upon the neighborhood or the community in
general.
4. Approval of this Variance is for 1341 Cherry Hill Road only, and does not apply or give
precedential value to any other properties throughout the City. All variance applicants
must apply for and provide a project narrative to the City to justify a variance. All
variance requests must be reviewed independently by City staff and legal counsel under
the requirements of the City Code.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
requested for the property located at 1341 Cherry Hill Road is hereby approved, with the following
conditions:
Res. No 2024-41 page � 2
1. The proposed higher fence shall require a building permit (instead of zoning permit) as
per Minnesota State Building Codes,
2. The proposed
fence
shall not exceed 9-ft
in height, as measured at a point six inches (6")
below the top
of the
supporting posts.
3. The proposed
fence shall taper from 9-fr
to 6-fr,
beginning at the point 15-ft inward to the
west from the
existing fence boundary
adjacent
to Wachtler Avenue.
Adopted by the City Council of the City of Mendota Heights this 1st day of July 2025.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stepgatfie 43. Levine, Mayor
ATTEST:
G
Na cy Bauer, City Clerk
Res. No 2024-41 Page � 3
EXHIBIT A
Property Address: 1341 Cherry Hill Road
PIN: 27-17151-03-040
Legal Description: Lot 45 Block 3, Cherry Hill 2°d Addition
Res. No 2024-41 Page � 4